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United States v. Correia, 47 F.3d 1156, 1st Cir. (1995)
United States v. Correia, 47 F.3d 1156, 1st Cir. (1995)
3d 1156
NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be
cited only in related cases.
Appeal from the United States District Court for the District of
Massachusetts [Hon. William G. Young, U.S. District Judge ] Torruella,
Chief Judge, Aldrich, Senior Circuit Judge, and Cyr, Circuit Judge.
Bjorn R. Lang, with whom Owen S. Walker was on brief for appellant.
D.Mass.
AFFIRMED.
PER CURIAM.
After appellant Roger Correia, Sr., pled guilty to four counts of defrauding the
Social Security Administration ("SSA"), the district court enhanced his
sentence pursuant to U.S.S.G. Sec. 3C1.1. The sole issue on appeal is whether
the oath administered to appellant during the course of the fraud investigation
conducted by the United States Department of Health and Human Services
("HHS") was authorized by law. We affirm.
The instant HHS investigation was conducted in accordance with the Inspector
General Act of 1978, which establishes inspectors general within, inter alia, the
Department of Health and Human Services, "to conduct and supervise audits
and investigations relating to [its] programs and operations...." 5 U.S.C. app. 3
Sec. 2(1) (1994). The Inspector General of HHS is empowered "to administer
to or take from any person an oath, affirmation, or affidavit whenever necessary
in the performance of the functions assigned by this Act." Id. Sec. 6(a)(5)
(emphasis added).
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AFFIRMED.